Paper tries to focus on the adverse impact of regularisation of unauthorised colonies with reference to state of Punjab on the planned development, quality of life, sustainability and growth and development of urban centres of the state including rural areas.

1. Urban Development in Deeper Mess in the State of
Punjab
**Jit Kumar Gupta
State of Punjab with merely 1.53% of geographical area, holding 2.4%
population and contributing half of nation cereals production, is known for its
uniqueness, role and importance in leveraging the national growth and
development. Despite its strength in agriculture, Punjab is the only state which
has demonstrated the efficacy and efficiency that agricultural economy can be
leveraged to promote higher order of urbanisation.
With 168 statutory towns comprising of 10 Municipal Corporations, 96 Municipal
Councils, 59 Nagar Panchayats, 3 Cantonement Boards and 69 census towns ,
state of Punjab ranked 8th among states in the level of urbanisation in the country.
With annual urban growth level of 2.35% (1.34% rural), level of urbanisation placed
at 37.49% the Urban population in the state numbered 10.4 million out of 27.7
million .Census 2011 recorded an addition of 2.12 million to urban population during
the 2001-11 decade with more than half of these urbanites opting to live in class one
cities with population over one lakh.
Despite rapid strides made in the area of urbanisation, majority of urban
development in the state remains both haphazard, unplanned and haphazard.
Absence of an effective, efficient and comprehensive legal frame, initially in the
post-independence period, to create long and short term perspective plans for the
urban areas led to their growth in an unplanned manner. Despite the fact
Chandigarh, the most beautiful and well planned city was created in the state on the
dawn of independence, no lessons were learnt for ensuring the planned
development of the cities of the state. Majority of cities were being developed by
proxy in the absence of any planning framework. In the absence of development
agencies and legal framework, role of the government was minimal and highly
fragmented. Low priority was accorded to the urban development with low budgetary
allocations made to urban development. Urban local bodies were the main agencies
to take care of the urban development within municipal areas. With low financial and
technical capacity, municipalities made little efforts to improve the physical
conditions and services in the urban areas. Cumulative effect of these factors led to
urban growth which was marked by free for all, unplanned and haphazard
development. With little resources, control and commitment cities grew, largely in
illegal/unauthorised manner.
Year 1992 marked a watershed development in making urban local bodies as
institutions of self- governance under the 74th Constitutional Amendment Act,
enacted by the Indian Parliament. Despite the enactment of the law, urban

2. development functions contained in the Twelfth Schedule of the constitution were not
allocated to the urban local bodies in the state of Punjab.
In 1995, State of Punjab enacted comprehensive law, by the name, ‘The Punjab
Regional and Urban Planning and Development, Act,1995’, for preparation of
Regional Plans and Master Plans for urban centres, besides creating urban
development authorities on the pattern followed for Delhi Development Authority. In
addition, State also enacted , ‘The Punjab Apartment and Property Regulations, Act,
1995’, to regulate the activities of the private sector involved in setting up colonies
and construction of apartments in the state. Under these laws state first established
state level planning and development authority by the name Punjab Urban Planning
and Development Authority, which was subsequently fragmented by setting up of 6
Regional level Planning and Development Authorities at Amritsar, Jalandhar,
Ludhiana, Mohali, Patiala and Bathinda. These authorities had total disconnect with
urban local bodies operating in their areas in their planning and development. The
laws negated the very essence of the 74th Constitutional Amendment Act, by
creating new agencies for planning and development for urban areas ignoring the
legitimate rights of ULBs.
Segregating urban planning and local government departments in the state also
created contradictory positions where the agency entrusted with planning of urban
areas had no connectivity with the agency made responsible for managing the urban
areas. In fact both departments emerged as competitors instead of collaborators.
Existence of number of Improvement Trusts created for large urban centres, under
the Punjab Improvement Trust Act, 1922, made situation more anomalous by their
operations in the urban areas without involving urban local bodies.
Thus there has emerged a scenario in urban planning and development which is
marked by duplication, overlapping, contradiction and disconnect.
Despite the fact that comprehensive Urban law for preparing master plan was
enacted in 1995, till now Master Plans for only 36 out of total of 237 urban centres
have been prepared in the last 23 years. Position of Regional Plans is even worst
with only one Regional Plan for the Mohali Region has been prepared. Even Master
Plans, which have been prepared are not being implemented in letter and spirit with
amendments being carried out as a matter of routine and not as an exception. In this
scenario, urban centres in Punjab are growing in a very irrational and unplanned
manner, with little respect for law and care for planned development and public
interest.
Majority of the illegal constructions can be attributed to the unabated development of
unauthorised colonies which are mushrooming all over the state. The extent of
unauthorised development in the urban areas of the state of Punjab can be gauged
from the fact that different ruling political parties in the state have been promising
and bringing policies from time to time to regularise these unauthorised colonies/

3. constructions. In fact regularisation of colonies has formed an important component
of their election agenda to attract votes and come to power. Promoters, Builders and
Colonisers are now clear that all violations made shall be regularised in due course
of time and accordingly state is reeling under the culture of converting all illegal and
unauthorised development into legal and authorised development following due
process of law and compromising with all specified norms, standards, rules and
regulations regarding planning, parks, , area under roads, saleable area, area under
public amenities, healthcare , education, open spaces etc. In the entire process the
losers are invariably the government and people in terms of loss in revenue, huge
financial liability arising out of providing services and amenities, poor infrastructure,
inadequate amenities, open spaces, services, sub-standard development and poor
quality of life both for the present and future generations. It is always win-win
situation for builders, colonisers and developers, who are able to fleece people and
state, make huge amount of profits, donot pay the external development charges
collected from people ; donot carryout promised internal development within colony
for which money is already collected, make people suffer due to refusal of
permission to construct etc.
Looking at the context one can see that previous Akali government during its ten
year rule, spanning over 2007-17, came out with three policies for regularisation of
unauthorised colonies and regularisation of unauthorised plots/buildings in the year
2013, 2014 and 2016. These schemes were essentially thought to be schemes for
granting benevolence to people and colonisers; creating a vote bank for the next
election besides generating huge money for the fund starved government.
Under these schemes a total of 6662 applications were received for regularisation
of colonies out of which 3377 were falling within municipal limit whereas remaining
3285 colonies were carved outside municipal boundaries. Thus both urban and rural
areas shared equally the bliss and burden of unauthorised colonies . Based on the
policies evolved, out of total of 6662 applications received from unauthorised
colonies, only 2565 (40%) colonies were approved by the government whereas
remaining 4097(60%) could not be regularised and continued to be unauthorised.
Under the said schemes,a total of 3,80,912 applications were received for
regularisation of unauthorised plots/buildings out of which 3,33,634 ( 87%)
plots/buildings were regularised whereas 47,278 (13%) were rejected and still
continue to be unauthorised.
Present Congress government, which came into power in 2017, has come out with a
policy for regularisation of unauthorised colonies/ building /plots, following the
promises made in its election manifesto. Policy notified by Department of Housing
and Urban Development vide notification number 12/21/2017-5hg2/1130 dated April
20, 2018 has following objectives :
 To bring all unauthorised colonies/buildings, wherever feasible into planning
framework and to regularise the development.

4.  To facilitate the implementation of the Master Plans
 To improve the circulation pattern of streets/roads
 To facilitate provision of the basic amenities to residents/plot holders of these
areas
 To make provisions to regularise and to compound offences under the Punjab
Regional and Town Planning and Development Avt, 1995, PAPARA, 1995,
Punjab Municipal Act, 1911, Municipal Corporation Act, 1976, Factories Act
1948 and Town Improvement Act, 1922.
Policy further mandates that;
 Only unauthorised colonies carved before April 19, 2018, for which
applications will be received, are to be considered for Regularisation.
 Though policy covers the entire state , but it excludes large chunk of state
including area of periphery beyond municipal limits, area covered by
restrictions under scheduled roads, defence laws/installations, heritage
buildings, public land, airport, oil and gas pipelines, master plans-- where
unauthorised colonies/buildings will not be regularised.
 Application for regularisation will be required to be made within 4 months of
the notification of the policy.
 In addition to colonisers and developers, Resident Welfare Associations and
Co-operative societies have also been authorised to submit applications for
regularisation of such colonies.
 Unauthorised Colonies carved out before April1, 2013 to be regularised
even if they violate the provision of landuse of master plans
 Unauthorised Colonies carved out after April1, 2013 will not be regularised,
if they violate the provision of landuse of master plans.
 Unauthorised Colonies have been placed under 4 distinct categories based
on the plots which are built up;
i. upto 25% plots are built up
II above 25% to 50% plots are built up
iii. above 50% plots are built up
Iv more than 75% plots are built up- exceptional colonies
 For each category, details and relaxations have been prescribed regarding
access road, internal roads, area under amenities, area under parks, water
works, STP etc.
 policy provides the procedure and the documents to be submitted along with
the application for the regularisation of colony/buildings
 Provision for a committee under the chairmanship of DC has been made to
deal with cases falling in the category of built up plots above 75%.
 For regularisation of unauthorised colonies falling within municipal areas ,
power has been vested with concerned ULBs; whereas for colonies outside
municipal limits, power has been given to concerned Development Authority

5.  Composition fee @ 0.5%, 2% and 6% of current collector rate has been
prescribed based on life of the unauthorised residential colonies of more than
10 years, 4-10 years and less than 4 years. Higher charges for commercial
component have been prescribed for regularisation. Composition fee is to be
paid in 4 instalments.
 Provision for identification of unauthorised colonies by a committee has also
been provided in the policy after the expiry of the four month period of
making application.
 Provision for rendering technical advise to applicants regarding change of
landuse, planning etc has also been made for the applicants of unauthorised
colonies.
 Procedure for regularisation of plots/buildings have also been made along
with the development charges to be paid. In addition, owners who have
constructed buildings are also required to pay composition charges on
prorarta basis based on the constructed area.
 funds collected from a each colony will be put in a separate account and will
be used for the development of that colony only.
 In case of disputes , CA, PUDA has been designated as the appellate
authority.
 For checking the mushrooming of unauthorised colonies in future, policy
mandates increasing the punishment of jail to 7 years , minimum fine to 5
lakh, demolition of structures by giving a notice; and debarring all authorities
to give connections for water, sewer and electricity with no registration
permitted for plots falling in unauthorised colonies.
Looking at the entire context, it needs to be seen the provisions which a
coloniser is supposed to meet with while setting up of an authorised colony
under the provisions of PAPRA;
 Registration as Promoter
 Owning the land/right to use land where colony is to be developed
 Technical Capacity to develop colony
 Financial Capacity to develop colony
 Prepare Plan for the colony as per norms
 Saleable area not to exceed 55%, with special relaxation upto 65%
 Provide minimum 5% area as open space
 Provide Internal roads of minimum width of 35feet
 Access road of prescribed width
 Provide amenities related to parks, open spaces, education, healthcare,
community centre, entertainment etc at his own cost
 Provides services and service networks in terms of w/s, sewerage, sanitation,
roads, electricity, landscaping etc along with water works, STP, EGS etc
 Undertake all internal development on the defined norms within the colony

6.  Pay proportionate External Development Charges on prorate basis for city
level services
 Pay landuse, license fee and other charges
 Provide bank guarantee on prescribed norms for the works to be executed
 Obtain a completion certificate
 Keep a record of account of the money received from allotters and the
expenditure incurred on development works etc
 To submit periodical reports
 To allow inspection of works being carried out etc
 To display all documents and specifications of materials to be used
 To reserve plots/flats for EWS based on the norms/rules
Provision of permitting setting up of colonies under PAPRA was essentially
made to;
-- involve private sector in promoting planned development,
-- Developing colonies of appropriate standards,
-- ensuring quality of life for the residents,
-- safeguarding the interest of plot owners and
-- checking malpractices of the unprofessional colonisers and developers
Looking at the policy framework of April 2018, all these objectives are bound
to be defeated by permitting regularisation of unauthorised colonies. Its
impact will be far reaching and it will adversely impact the development
culture of state. It will put planned development on back burner and will herald
an era of unplanned development. The provisions of the policy will defeat the
very objectives it wants to achieve. Policy will lead to;
 State left with liability of large number of unauthorised colonies due to
exclusion of large areas from the policy framework of regularisation
 Ushering an era of unplanned growth and development in the state.
 Haphazard and unauthorised development will become the norm rather
than exception
 Violations of Master Plans-- needing revision and review- losing
sanctity as promoter of planned development
 Colonies located in industrial/non- compatible uses getting regularised
 Entailing huge financial liability for the state to provide services
 State losing huge money- which it would have earned as authorised
colonies
 State/ulbs losing the External Development Charges-- collected to fund
the city services
 Internal development becoming ULBs liability

7.  Colonies in rural areas suffering due to absence of service network
 Rural colonies giving impetus to unauthorised development in rural
areas, adversely impacting the environment and ecology
 State losing precious agriculture land --used for urban purpose in an
haphazard manner.
 All urban areas getting adversely impacted in terms of planned
development
 Absence of uniform standards for regularisation of the unauthorised
colonies. Unauthorised Colonies with large built plots given better
treatment with higher order of relaxations provided for approval in
terms of width of streets, area under roads, open spaces etc
 Traffic & transportation, safety and mobility emerging as major causality
due to narrow road widths
 Absence of adequate open spaces promoting congestion and unhealthy
environment
 Schools, dispensaries, community centres finding no place in such
colonies due to high saleable area
 high density and population pollution to mark such Colonies
 Laying services in narrow roads to be the great challenge. Proximity of
sewer and water may lead to water contamination and promote water
borne diseases
 Plot owners facing huge liability for making provision of the basic
services
 Regularised colonies promoting colonies of differential standards with
many bordering on to become regularised slums
 Subjectivity will rule the regularisation process with many malpractices
emerging ,based on power of regularisation and relaxation provided
 Classification of colonies needing critical review
 Each colony needs to be treated separately as an independent unit and
decided accordingly
 Framework and principles provided in PAPRA should be taken as the
guiding principles for regularisation
 Regularisation should not be viewed as a political process and election
agenda but should be viewed in terms of sustainability, environment,
ecology, culture, quality of life and future operation of cities and their
functioning.
The extent of the applications received for regularisation under the 2018 policy
is not known but considering the fact that backlog of 4097 colonies which
were not regularised under earlier policy till 2016, the numbers may cross 7000
mark. Assuming an average area of 5 acre for each colony, the total area
involved for regularisation shall be in the range of 35,000 Acres; which is the

8. area of Amritsar metropolis. State will thus be gifting its people an
unauthorised Amritsar to live with and bear its adverse consequences. New
policy is understood to be in the process of finalisation. State must not watch
the interest of Colonisers , who are the only gainers in this process but should
critically and objectively look at the larger public interest for which the state
has promised to work.